scholarly journals The interaction of the Human rights ombudsman in the Russian Federation with civil society human rights institutions

Author(s):  
G. D. Sadovnikova

The article analyzes various aspects of the legal nature of the institution of the Commissioner for Human Rights in the Russian Federation, emphasizes the versatility of its human rights activities in cooperation with public institutions. The effectiveness of such interaction is justified, including by the example of cooperation with the Scientific and Educational Center for Human Rights (REC) at the O. Е. Кутаfin University (MSLA). There are difficulties in the work of the commissioners, due to the fact that the increasing digital literacy of the population makes it relatively easy to send an appeal to the Commissioner for Human Rights in the Russian Federation, regional commissioners, and the capabilities of these bodies are quite limited. In this regard, some proposals are formulated. The author analyzes the possibilities for the implementation of human and civil rights and freedoms by the Commissioners with the support of civil society institutions, suggests developing such interaction in different directions, and considers the criteria for the effectiveness of the institution of commissioners, including such an indicator as interaction with civil society institutions.

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
T. I. Otcheskaya

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.


2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  


Author(s):  
Aleksandr Podmarev

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.


Author(s):  
V. V. Komarova

The article covers the activities of the Commissioner for Human Rights in the Russian Federation in the field of political rights. The current dynamic of the institution of political rights is emphasized not only by increasing the powers to exercise constitutionally enshrined political rights and by numerically increasing of the group studied, but also by broadening their objectives, for example, maintaining trust in authority. The author concludes that the prevention of risks in the field of political rights through legal education in the field of human rights, raising the level of legal awareness of citizens today is a relevant and necessary activity of the Commissioners for Human Rights in Russia. Ultimately, their educational activities — at first glance, indirect in terms of political rights, should be aimed at restoring confidence in public authority. Trust is the base for the sustainable development of the Russia and civil society, which is the basis for an active living position, manifested primarily in the field of political rights. On the base of the analysis of sectoral legislation, was formulated proposals for its reform and directions of activities within the stated topic.


2021 ◽  
Vol 9 (3) ◽  
pp. 1-5
Author(s):  
Aleksandr Red'ko

The modern society of the Russian Federation is faced with the massive incompetence of specialists in various fields of activity and branches of knowledge. The situation reached such a climax that a person and a citizen began to be openly afraid to get sick, to turn to law enforcement or human rights bodies, to delve into the essence or content of laws in the event of any kind of tort. Setting ourselves the goal of understanding such destructive processes for the state, as well as the ways of their counteraction, we came to the conclusion that these phenomena of objective reality are associated with both external and internal causes, and one of the ways to eliminate them may be recognition and the development of the right of active citizens and civil society to legal initiative. Considering that the sphere of research interests was in the plane of law, it became possible to conduct a study in the field of legal awareness and legal education, which does not exclude the possibility of using the identified positive and negative aspects for other spheres of human and citizen's life.


Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.


Author(s):  
В.А. Винокуров

Через призму обязанности государства соблюдать и защищать права и свободы человека и гражданина в Российской Федерации в статье рассматриваются правовые основы возможности образования нового суда – российского суда по правам человека. Рассмотрены существующие нормативные правовые акты, устанавливающие порядок осуществления защиты органами судебной власти прав и законных интересов граждан страны и иных лиц, проживающих в России. Использованы мнения членов Совета при Президенте Российской Федерации по развитию гражданского общества и правам человека, а также участников «круглого стола», проведенного в Общественной палате Российской Федерации и посвященного вопросам создания российского суда по правам человека. По итогам проведенного анализа сделан вывод, из которого следует, что вместо создания очередного государственного органа судебной власти следует наладить эффективную работу существующей судебной системы, для чего сформулированы конкретные предложения. Through the prism of the state's obligation to respect and protect human and civil rights and freedoms in the Russian Federation, the article examines the legal basis for the possibility of forming a new court – the Russian Court of Human Rights. The existing normative legal acts establishing the procedure for the protection of the rights and legitimate interests of citizens of the country and other persons residing in Russia by the judicial authorities are considered. The opinions of the members of the Presidential Council for the Development of Civil Society and Human Rights, as well as the participants of the "round table" held in the Public Chamber of the Russian Federation on the establishment of the Russian Court of Human Rights were used. Based on the results of the analysis, it is concluded that instead of creating another state body of judicial power, it is necessary to establish the effective functioning of the existing judicial system, for which specific proposals are formulated.


Author(s):  
Sergey A. Basov

On October 18, 2018, the National Library Russia (NLR) hosted the Round table “Implementation of citizens’ rights to library services” within the framework of the visiting Session of the Presidential Council for Civil Society and Human Rights. The discussion of library issues in the human rights context, initiated by the NLR, was held for the first time. The participants of the meeting considered the activities of libraries and their founding parties - government authorities - on ensuring the legal rights of citizens to access to culture and information. The topics of discussion included the implementation of cultural policy, library legislation, normative standards of library allocation, physical and information availability of libraries and library collections, the problem of access to online electronic resources and the organization of services for special groups of readers. The article uses the materials of the annual monitoring of the National Library of Russia, the reports (presentations) of the central libraries of the subjects of the Russian Federation, placed in the open database, formed in the framework of the research work of the NLR “Actual problems of transformation of the regional library systems in the information society” (http://clrf.nlr.ru/). The author presents the opinions of specialists from the libraries of St. Petersburg, the Leningrad and Pskov regions, as well as the members of the Presidential Council for Civil Society and Human Rights. Based on the presented views and factual data, the author concludes that libraries do not practically analyse their activities from the human rights perspective, and the state library policy does not fully contribute to the activities of public libraries to ensure the constitutional rights of citizens to use cultural institutions and to have access to cultural values and information of the Russian Federation.


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